§ 1 Scope of Application
(1) These General Terms of Use (hereinafter: TOU) apply to the use of the platform operated by us, Hengst SE, Nienkamp 55 - 85, 48147 Münster, Germany, under www.hengstconnect.com (hereinafter: HENGST.CONNECT) by users of HENGST.CONNECT. Users include affiliated companies of Hengst SE within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG) (hereinafter: HENGST Companies) offering goods for sale via HENGST.CONNECT, as well as buyers who purchase goods from HENGST Companies via HENGST.CONNECT, see § 2 (1).
(2) Registration as a buyer on HENGST.CONNECT is permitted exclusively to entrepreneurs and/or merchants; consumers are excluded from registration.
(3) We do not accept any deviating terms and conditions of the user, even if we have not expressly objected to their application in the individual case.
§ 2 Subject Matter / Conclusion of Contract / User Agreement
(1) HENGST.CONNECT provides a platform through which users can conclude purchase contracts. We provide access to the platform and may, in individual cases, also act as a seller and contractual party to a purchase contract. These TOU shall apply to the use of HENGST.CONNECT, while the “General Online Terms and Conditions of Sale” of the respective selling HENGST Company shall apply to individual purchase contracts.
(2) Use of the platform pursuant to § 2 (1) requires the user to register on HENGST.CONNECT and accept these TOU. Successful registration results in the conclusion of a user agreement between us and the user. The technical registration process is as follows: The user must first submit a registration request via www.hengstconnect.com, providing a valid email address. The registration request is submitted by clicking on the button “Submit Registration Request”. Prior to submission, users may review and correct input errors. We will then review the request and either approve or reject it. The user will be informed of the result via email. Upon approval, the user is granted access to HENGST.CONNECT.
(3) The registration and use of HENGST.CONNECT are free of charge for all users.
§ 3 Purchase Contracts Between Users
(1) The presentation of goods and information on HENGST.CONNECT, including but not limited to product descriptions and pricing, does not constitute legally binding offers by us. We do not warrant the accuracy of such information or the availability of goods. Purchase Contracts are concluded exclusively between the respective selling HENGST Company and the buyer. We are not a party to such purchase contracts.
(2) The selling HENGST Company and the buyer are solely responsible for the rights and obligations arising under their purchase contract, see also § 9 of these TOU.
§ 4 Platform Availability
(1) We aim to provide an average monthly availability of HENGST.CONNECT of 98%.
(2) “Availability” means the user's ability to access and use the essential functions of HENGST.CONNECT. Maintenance periods and disruptions resolved within the specified time are considered periods of availability. Minor disruptions shall not affect the availability calculation. Our data center’s measurement tools are decisive for proving availability.
§ 5 Liability
(1) We shall be liable in all cases of contractual and non-contractual liability for damages or reimbursement of futile expenses caused by intent or gross negligence in accordance with statutory law.
(2) In all other cases – unless otherwise provided in § 5 (3) – we are liable only for breach of a material contractual obligation (cardinal obligation), i.e., an obligation essential to the proper performance of the contract and on which the user may regularly rely. In such cases, liability shall be limited to foreseeable and typical damages. In all other cases, our liability is excluded, subject to § 5 (3).
(3) Our liability for damages resulting from injury to life, body, or health and under the German Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 6 Rights of Use
Where users publish images, videos, or texts on HENGST.CONNECT, they grant us (Hengst SE) a non-excluxive, non-transferable right to use such content. Accordingly, all content published by us on HENGST.CONNECT is protected by intellectual property rights. Any use by third parties requires our prior written consent.
§ 7 Responsibility / Indemnification / Our Rights
(1) Content and offers posted on HENGST.CONNECT (including product information, images, and prices) are not subject to prior verification by us in our capacity as platform operator, unless published directly by us. We do not assume any responsibility or liability for the legality, completeness, or accuracy of such content. Each user is solely responsible for their posted content.
(2) The user shall indemnify us against all third-party claims arising from legal violations in connection with content published on HENGST.CONNECT, provided we are not a party to the respective purchase contract. This includes, in particular, claims under competition law. The indemnification also covers reasonable legal defense costs, including court and attorney’s fees. The user is obliged to immediately provide us with all necessary information for claim assessment and defense.
(3) We are entitled to temporarily block or remove content and deactivate user in cases of justified suspicion of a violation of applicable law, third-party rights, or these TOU. Affected users shall be informed of such measures and their grounds without undue delay.
§ 8 Term / Termination
(1) The user agreement for HENGST.CONNECT is concluded for an indefinite period.
(2) Both the user and we may terminate the agreement at any time without notice by submitting a declaration in text form (e.g. via email). In the event of termination by the user, notice must be sent to [email protected]. The affected user account will be deleted as soon as reasonably practicable.
(3) The right to extraordinary termination for cause remains unaffected.
§ 9 Digital Services Act (DSA)
(1) Content uploaded by users to HENGST.CONNECT is not subject to proactive moderation by us. However, we are obligated to review reported unlawful content and, where appropriate, take necessary action in accordance with the Digital Services Act (DSA).
(2) We provide a clearly accessible and user-friendly electronic reporting system via email for reporting unlawful content. Users, third parties, and authorities may report content via [email protected]. Reports should include the following information:
a) A justification explaining why the content is allegedly unlawful;
b) The exact location of the content (e.g. the URL);
c) The name and email address of the reporting person, unless an exception applies;
d) A declaration that the report is made in good faith.
Anonymous and/or incomplete reports may be processed only to a limited extent.
(3) The reported content will be reviewed by human moderators. In applying and enforcing measures under § 9 (1) and § 7 (3), we act diligently, objectively, and proportionately, considering all parties' rights and interests, including fundamental rights such as freedom of expression and media pluralism.
(4) If we take action under § 9 (1) in conjunction with § 7 (3), affected users will be informed by email without undue delay. Affected users can challenge the decision electronically and free of charge through our internal complaint management system via [email protected]. All complaints will be reviewed promptly, fairly, and with due care.
(5) If the review concludes that actions taken (e.g. deletions or account closures) were unjustified or the content is neither unlawful nor in violation of these TOU, such actions will be reversed without delay.
(6) Users will be informed of the outcome of the review within a reasonable period.
§ 10 General Information Obligations
(1) We store the contract text. The TOU are available at any time at www.hengstconnect.com.
(2) The languages available for contract conclusion are German and English.
(3) We are not subject to any industry-specific codes of conduct.
§ 11 Written Form / Applicable Law / Jurisdiction
(1) Amendments and supplements to this user agreement must be made in writing to be valid. The requirement of written form can itself only be waived in writing. Transmission by text form (e.g. by fax or email) shall be deemed sufficient to meet the requirement of written form.
(2) The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(3) Where the user is a merchant and has its registered office in Germany at the time of contract conclusion, the exclusive place of jurisdiction shall be our registered office in Münster, Germany. We are, however, also entitled to bring an action at the user’s general place of jurisdiction. Mandatory statutory provisions, particularly those relating to exclusive jurisdictions, shall remain unaffected.